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Restraining Order

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					RESTRAINING ORDER                                                                                                      Court File No.


In the Provincial Court of British Columbia                                                                            Court Location




                                                                                                                                                                 RESTRAINING ORDER
                                 NAME
  In the Case Between:
           NAME
  And:


  BEFORE THE HONOURABLE JUDGE                                      )                                        day, the   DATE
                                                                                                                                                        day
   NAME                                                            )
                                                                     of    MONTH
                                                                                                                              ,
                                                                                                                                  YEAR
                                                                   )


  Persons Appearing:                                                                        Lawyer:
                                                                                        Lawyer:
       Interim Order                        Final Order                             By Consent                     Without notice to others

  (If applicable)              After a hearing at     COURT LOCATION



                            the order dated                                   is changed as stated below;
                                            NAME(S) OF PARTY(S)                                                                             Date of Birth
  THIS COURT ORDERS THAT
                                                                            NAME OF PARTY
  is prohibited from entering any premises occupied by
  or other person                                         Birthdates of Children                                                        Birthdates of Children
   NAMES OF CHILDREN                                                                 NAMES OF CHILDREN




  or making contact with or interfering with any of them, until further order of this court.
                                                           NAME(S) OF PARTY(S)
  THIS COURT FURTHER ORDERS THAT

     pursuant to      s.37(a) F.R.A.                    s.46(a) F.M.E.A.,          is prohibited from molesting, annoying, harassing or
  communicating with either NAME OF PARTY


  or the child(ren) named above, or attempting to molest, annoy, harass or communicate with any of them
     pursuant to s.38(1)(a) F.R.A., is prohibited from entering a premises where the child(ren) named above reside from time to time
     pursuant to s.38(1)(b) F.R.A., is prohibited from making contact or endeavoring to make contact with or otherwise
     interfering with either the child(ren) named above or NAME OF PARTY
  Further details of Restraining Order (if more space is required, attach a separate sheet):




                                                                  DATE
  (complete if applicable)              Order to expire on
                                                                                                                                               Checked By
  Dated
                                                                          by the Court                                                             Initials
  TAKE NOTICE THAT:
  1.      (a)      Any peace officer including any R.C.M.P. officer having jurisdiction in the Province of British Columbia who finds the party
                   NAME(S) OF PARTY(S)
                                                                                                                         breaching any of the terms
                   of this restraining order may immediately arrest that party without warrant pursuant to s. 495(1)(b) of the Criminal Code, and
                   may cause that person to be detained in custody, and to be taken before a justice to be dealt with according to law.
          (b)      Any peace officer including any R.C.M.P. officer having jurisdiction in the Province of British Columbia who on reasonable
                                                                     NAME(S) OF PARTY(S)
                   and probable grounds believes that the party
                                                                                                    has, in the past, breached any of the terms of
                   this restraining order may arrest that party with a warrant obtained pursuant to s. 26 of the Offence Act, and may cause that
                   person to be detained in custody, and to be taken before a justice to be dealt with according to law.

                                          1–COURT FILE–FAX TO PROTECTION ORDER REGISTRY
PFA 098 12/2006
                                                   2–PARTY PROTECTED BY ORDER
    Form 25                                   3–PARTY AGAINST WHOM ORDER WAS MADE
(OPC 7530854046)                                          4–SERVICE COPY
                                           RESTRAINING ORDER INFORMATION
                                            for person(s) protected by the order

  If the Court has made a restraining order to protect you, your children or you and your children, you should
  be aware of the following information:

  •          Phone the police right away if the restrained person violates the restraining order: You could be in
             danger. Find the police emergency telephone number now and write it down where you can find it when
             you need it.

  •          A person who disobeys a restraining order can be arrested and taken before a justice for violating the order.
             This can be done right away if police observe the breach; otherwise if you allege a breach there will be a
             delay while charges are laid and the police obtain a warrant.

  •          Be prepared to answer police questions, as well as you can. A written statement may be required.

  •          Call the Victim Information Line at 1-800-563-0808 to learn about services available to support you.

  •          Police in British Columbia have access to your restraining order on the Protection Order Registry’s
             computer, 24 hours a day, 7 days a week. You do not have to ask that your order be registered in the
             Protection Order Registry. Court staff do this without request, in most cases on the same day that the order
             is signed by the judge. If you want to check that your order is on the Protection Order Registry, you may
             telephone 1-800-563-0808.

  •          It is important that the Protection Order Registry has your current address and telephone number,
             and the restrained person’s address, phone number and date of birth:
                    • to contact you if the restrained person is ever released from a provincial correctional institution after
                      being sentenced to custody; and
                    • so that the police can positively identify the restrained person if they are called upon to enforce the
                      restraining order.
             You may give this information by filling out a Contact Information form at the court registry. If any of your
             personal information changes, please call the Victim Information Line at 1-800-563-0808.

  •          Keep a copy of the restraining order with you at all times. Give a copy of the restraining order to staff
             at your child’s school if the restrained person has been ordered to stay away from the child or the school.
             Give a copy to anyone else you think should know about the order. If the terms of the restraining order are
             changed, make sure you give them a copy of the new order.

  •          Changing a restraining order needs a court order, not just a verbal agreement. If you want to change
             anything on the order, ask your lawyer about applying to the court to change the terms of the order.

  •          If either you or the restrained person applies to the court to change the order, the court will give both of you
             an opportunity to say whether or not the terms should be changed.

  •          The order is in effect until a judge changes it, or until it expires if an expiry date was included. The restrained
             person can be arrested and taken before a justice for disobeying the order. As indicated above, there may
             be a delay in making the arrest unless police observe the breach.

  •          The restraining order may not be enforceable in another province. If you move to another province, see
             a lawyer or a court registry right away, and show them a copy of the order you obtained in British Columbia.
             The lawyer or court registry staff there can tell you the status of your order in that province, whether there
             is anything you must do to have your order made enforceable there, or whether you have to get a new
             restraining order there.




PFA 098 12/2006
    Form 25
(OPC 7530854046)
                                          RESTRAINING ORDER INFORMATION
                                      for person against whom the order was made

  If the Court has made a restraining order protecting your children or the other party and your children, you
  should be aware of the following:

  •          The restraining order is effective immediately.

  •          If a police officer believes that you have disobeyed the restraining order, you can be arrested immediately
             and taken before a justice to be dealt with according to law.

  •          This restraining order is entered on the Protection Order Registry’s computer. Police everywhere in
             British Columbia can access it, 24 hours a day, 7 days a week. They use the Registry to enforce the order
             if you do not comply with any of its conditions.

  •          Changing a restraining order requires a court order, not just a verbal agreement. If conditions change
             and you want to change the terms of the order (for example, to allow you to enter your children’s home to
             pick them up or to participate in family events, contrary to the conditions of the order), you may ask your
             lawyer about applying to the court to change the terms of the order.

  •          At the hearing of the application to change the conditions of the order, the judge will give both parties an op-
             portunity to give their opinions whether or not the terms should be changed. Unless a judge changes the
             order, it continues to be in effect. Police can arrest you and take you before a justice if you disobey
             the order.




PFA 098 12/2006
    Form 25
(OPC 7530854046)
                        AFFIDAVIT OF SERVICE /
                        ATTEMPTED SERVICE (FORM 16)

                        I swear that I             name
                        occupation                                                 address
                                                                                                                    of

If service is                   served name of person served
successful                      on date
check this box
and complete this
                                at   address

section.


                                with a copy of the restraining order on the back of this page by leaving the copy with him or
                                her personally.

If service is                   attempted, without success, to serve name of person
unsuccessful                    with a copy of the Restraining Order on the back of this page
Check this box
and complete this
                                by other information
section.

Tell how service was
attempted, include
the date and location
of each attempt, and
what happened each
time.




                                        I believe the person named above is evading service.
                                        I have no other information about the above person's location.
If you must make a
correction, or cross
anything out, please    Sworn before me
initial.                on
This section must       at                                                           British Columbia
be sworn before a
Commissioner for
                                                                                                        Signature
Taking Affidavits.

                        A Commissioner for Taking Affidavits for British Columbia




                        Notice:          The Restraining Order must be served only if the judge directs that this shall be done.




     PFA 098 12/2006
         Form 25
     (OPC 7530854046)

				
DOCUMENT INFO
Description: This is an example of restraining order. This document is useful for conducting restraining order.